In Mark De Nicolas v. Tierra Verde Residence Inn and Travelers Property Casualty Co of America the Employer/Employee relationship became contentious following the compensable accident. The E/C asserted that the claimant had quit. Claimant denied this allegation and argued he had been fired. In resolving this factual dispute, the KCC considered the lay evidence presented. …
In Pamela Vogelar v. Winn-Dixie and Sedgwick CMS Claimant was involved in two accidents and sought treatment for both. The E/C stipulated to compensability but raised an MCC defense. After determining the E/C calculation of AWW was correct, the JCC considered the indemnity claims and defenses and found the medical evidence established the MCC of …
In Daniela Valderrama v. Giorgia Armani and Chubb Group of Insurance Companies the claimant filed for TPD benefits. Claimant was terminated and the JCC found that the claimant’s termination was the result of a reduction in the employer’s work force and not because of claimant’s physical limitations. The JCC held that the claimant was required …
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In Linda Roccaforte v. The Parts House and Safety National Casualty Corp., Corvel Corporation the JCC considered the medical evidence in detail in this claim for temporary disability benefits. After resolving conflicts regarding work restrictions, injured body parts related to the instant compensable accident and MMI, the JCC GRANTED in part and DENIED in part …
In Wilson Valmir v. Dunkin Dounuts/CMS Bakery, LLC and Cincinnati Insurance Co. Claimant sustained a compensable injury to the space between his fingers. Subsequently, Claimant complained of hand pain and secured an IME opinion. The IME suggested he suffered from tenosynovitis. The treating physician observed that claimant’s presentation of pain was exaggerated. An MRI showed …
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In Jorge Acosta v. America Airlines and Sedgwick CMS Claimant filed a PFB for TPD. E/C filed a response and provided the benefits 15 days after PFB was filed. Claimant’s counsel is now seeking attorney’s fees for securing TPD benefits. Claimant’s counsel argues that E/C denied the benefits claimed, as they failed to respond to …
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In Tara Jones v. Moran Foods dba Save-A-Lot Foods and Gallagher Bassett Services, Inc. Claimant suffered an industrial injury and was directed to MedFast Urgent Care for authorized treatment. Although the accident was accepted as compensable, the claimant had previously sought treatment with her primary care provider which resulted in an appointment with a spine …
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In Raymundo Sanchez v. Brand Safway Solutions LLC and Liberty Mutual Insurance Claimant petitioned for TTD and TPD. The JCC found that Claimant was not eligible for TTD because Claimant was on a no work status. For TPD the JCC looked at three separate time periods. The first time period was from the date of …
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In Willie Ruth v. A1 Roof Trusses and PMA Insurance Company the Claimant worked for A1 Roof Trusses which required lifting heavy items and strenuous work. The Claimant was injured on the job when he picked up some wood and felt a pinch in his lower back and down his right leg. The Claimant went …
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In Dawn M. Hogue v. Global Unity Care, Inc. and Ascendant Claims Services Claimant suffered injuries when she was attacked by a resident of the facility. After the attack the employer implemented new rules where the Claimant was not allowed to walk the hallways or enter the room alone where the person who attacked her …
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